Why come to us
Over the last decade, a new threat has emerged to multi-nationals and other organisations who have overseas operations - transnational litigation. We are one of the few law firms to have contested these test cases through the courts, including representation of our clients in the House of Lords.
How we can help
In one of the most significant developments in group action litigation, attempts are being made to make English headquartered multi-national companies accountable in the English courts for the acts of their overseas subsidiaries. Legal Services Commission funding has also been obtained by overseas claimants in actions against the Ministry of Defence and other Government funded organisations.
We can help clients consider the proper jurisdiction for hearing such claims, the forum conveniens, as well as advising on questions of legal representation, funding and the ability of claimants to obtain "substantial justice" in their own legal systems. No judicial decision has yet lifted the corporate veil between a parent company and its subsidiaries. In addition to questions of corporate responsibility, we are also experienced in advising on questions of substantive liability, causation and on appropriate levels of recovery by way of damages.
What we've done
We have acted in the landmark cases of Connelly -v- Rio Tinto plc and Lubbe/Afrika -v- Cape plc. In the Rio Tinto litigation, where an attempt was made to link the claimant's laryngeal cancer with radiation exposure, the claim was dismissed when the action was found to be statute-barred, following a detailed review of the merits of the claim. In the Cape case, a settlement was reached in 2002 and a number of key issues, including the liability of UK based companies for the acts of their subsidiaries, remain unresolved. The LSC has stated publicly its commitment to having this issue tested by the Courts. We combine our knowledge of transnational litigation with our experience of acting in high profile group actions to help our clients defend these novel claims.
Who to contact:
Alison McAdams
020 7293 4450
amcadams@dac.co.uk
Key people in:
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